| Advisory Opinion Request from Dwight Hudson, Metro Councilman, District 9, East Baton Parish, as to whether the Code of Governmental Ethics (the "Code") permits his company to enter into a lease with a tenant utilizing a voucher provided by the East Baton Rouge Parish Housing Authority (the "Housing Authority") or the Louisiana Housing Corporation ("LHC"). |
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Mr. Hudson currently holds the office of Metro Councilman, District 9, East Baton Parish. He also owns residential rental property through a wholly owned limited liability company, Port Hudson Holdings, LLC (the "Company").
The Housing Authority was created as a political subdivision pursuant to La. R.S. 40:380 et. seq. The East Baton Rouge Metro Council appoints certain commissioners of the Housing Authority. The East Baton Rouge Office of Community Development ("OCD") is an agency within the Consolidated Government of the City of Baton Rouge/Parish of East Baton Rouge ("City-Parish"). LHC was created pursuant to La. R.S. 40:600.86 et. seq. Each of the Housing Authority, LHC and OCD administer federal funds through their respective housing choice voucher programs.
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La. R.S. 42:1113A states that no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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